Gubarev & Ors v Orbis Business Intelligence Ltd & Anor [2019] EWHC 162 (QB) (31 January 2019)

Gubarev & Ors v Orbis Business Intelligence Ltd & Anor [2019] EWHC 162 (QB) (31 January 2019)

A split trial is not appropriate because there is significant overlap between the evidence required for serious financial loss and quantum, and the disadvantages of duplication, delay, and prejudice to the Defendants outweigh the potential cost savings and procedural benefits. The best course is a single trial of all issues to ensure fairness, efficiency, and proper scrutiny of all claims.

Citation
[2019] EWHC 162 (QB)
Parties
Claimant: Aleksej Gubarev; Claimant: Webzilla B.V.; Claimant: Webzilla Limited; Defendant: Orbis Business Intelligence Limited; Defendant: Christopher Steele
Jurisdiction
England and Wales
Judgment Date
31 January 2019
Procedural Posture
Application in Ongoing Defamation Proceedings / Interlocutory Application for Split Trial
Outcome
Application for split trial refused
Legal Topics
Split Trial, Serious Harm, Special Damages, General Damages, Qualified Privilege, Case Management
Defamation Civil Procedure Split Trial Serious Harm Special Damages General Damages Qualified Privilege Case Management

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Parties

Aleksej Gubarev

Claimant

Webzilla B.V.

Claimant

Webzilla Limited

Claimant

Orbis Business Intelligence Limited

Defendant

Christopher Steele

Defendant

Procedural Posture

Application in Ongoing Defamation Proceedings / Interlocutory Application for Split Trial

Legal Issues

  1. 1 Whether to order a split trial separating liability and quantum in a defamation claim involving corporate claimants and allegations of serious financial loss.

Ratio Decidendi

A split trial is not appropriate because there is significant overlap between the evidence required for serious financial loss and quantum, and the disadvantages of duplication, delay, and prejudice to the Defendants outweigh the potential cost savings and procedural benefits. The best course is a single trial of all issues to ensure fairness, efficiency, and proper scrutiny of all claims.

Court Disposition

Application for split trial refused

Orders

  • Parties to consider and, if possible, agree directions for a single trial of all issues; if not agreed, directions to be determined at a Case Management Conference.
  • Parties to prepare revised costs budgets for a Costs Management Conference if not agreed.